HomeMy WebLinkAbout04-14-15 Pa. O.C. Rule 6.12 STATUS REPORT
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Name of Decedent: ELSIE S. KNOHR
Date of Death:7/2012013 File Number: 21 13 0923
Pursuant to Pa. O.C. Rule 6.12, I report the following with respect to completion of the administration of
the above-captioned estate:
1. State whether administration of the estate is complete:. . . . . . . . . . . . . . . . . . . . . . . . ❑X Yes ❑ No
2. If the answer is No, state when the personal representative
reasonably believes that the administration will be complete:
3. If the answer to No. 1 is YES, state the following:
a. Did the personal representative file a final account with the Court?. . . . . . . . . ❑ Yes N No
b. The separate Orphans' Court No. (if any) for the personal
representative's account is:
c. Did the personal representative state an account
informally to the parties in interest? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N Yes ❑ No
d. Copies of receipts, releases,joinders and approvals of formal or informal accounts may be
filed with the Clerk of the Orphans' Court and may be attached to this report.
FAMILY SETTLEMENT AND FINAL RELEASE
Date:
Signature of Person Filing is Form
r
Capacity: ❑ Personal Representative N Counsel
DAVID R. GALLOWAY
Lij
t , Name of Person Filing this Form
> r
E:: 154 E. MAIN ST.
0 Address
to MECHANICSBURG PA 17055
C717-697-4700
C) Q 1= Telephone
LIJ
'Form RW-10 rev 10.13.06 �y,
FAMILY SETTLEMENT AND FINAL RELEASE
IN
ESTATE OF ELSIE S. KNOHR, DECEASED
THIS AGREEMENT, executed this day of 2015, between
FREDA J. WENTZ, ADNINISTRATRIX, under the will dated January 27, 1997, and
codicil dated July 11, 1997, of ELSIE S. KNOHR, Deceased, and residuary legatees of
the Estate.
BACKGROUND
1. Elsie S. Knohr (hereinafter "Decedent"), late of North Middleton
Township, Cumberland County, Pennsylvania, died testate on July 20, 2013, leaving a
will dated January 27, 1997, and codicil dated July 11, 1997.
2. On August 23, 2013, Freda J. Wentz was duly appointed by the Register
of Wills of Cumberland County as the Administratrix of the Estate (hereinafter
Administratrix); Letters of Administration were issued in Cumberland County,
Pennsylvania at number 21-13-0923.
3. In her will, Decedent named her grandiueces, Jennifer and Courtney
Martinez, and their father, William Martinez (hereinafter collectively "Martinez") as
the residuary legatees.
4. The Administratrix advertised the grant of Letters Administration
C.T.A., prepared and filed a Pennsylvania Inheritance Tax Return and paid the
appropriate tax thereon.
5. The Administratrix paid all the general legatees and all the taxes, debts
and expenses of the Estate known to her, and has no knowledge of any unpaid claims,
absolute or contingent, which may be asserted against the Estate nor does she have
any reason to believe there are any such claims.
6. The Administratrix having completed the administration of the Estate,
is ready to distribute the net assets of the Estate to Martinez, the residuary legatees
named in the will.
7. A statement reflecting all Estate receipts, disbursements and
distributions are annexed hereto as Exhibit"A."
8. Martinez desires this Family Agreement (hereinafter the "Agreement')
make unnecessaiy the filing of an accounting in the Orphans' Court Division of the
Court of Common Pleas of Cumberland County.
9. Martinez has been given the opportunity to review the books and records
of the Administratrix, and based upon such opportunity or examination, they have
determined that they have sufficient information to make an informed decision to
waive their right to an accounting.
AGREEMENT
In consideration of the willingness of the Administratrix to distribute and
terminate the Estate in accordance with the terms of the will without the protection
afforded them by a formal adjudication of an executor's account, Martinez, the
undersigned beneficiaries, individually and with respect to their heirs, personal
representatives, successors and assigns, do hereby:
1. Acknowledge they have read this Agreement and represent the facts set
forth above are true and correct to the best of their knowledge, information and belief.
They further acknowledge they are familiar with the provisions of Decedent's will;
2. Waive the filing of a formal account of the administration of this Estate,
with respect to the income and principal thereof, in any court which has jurisdiction,
in particular, the Orphans' Court Division of the Court of Common Pleas of
Cumberland County, Pennsylvania;
3. Declare they have examined the account, which is attached hereto and
incorporated herein, and find them to be + true and correct in all particulars;
understand the distribution is still subject to the payment of certain administration
expenses; accept and approve the account with the same force and effect as if it had
been prepared and duly filed with, audited, adjudicated and confirmed absolutely by
such court which has jurisdiction over this estate, and, as if the balance of principal
and income had been awarded by said court in accordance with this agreement and
the account and statement;
4. Warrant they know of no outstanding and unsatisfied claims against the
Estate and approve the distribution of the balance of principal and income shown on
the attached account and statement as set forth above;
5. Absolutely and irrevocably release and discharge David R. Galloway,
Esquire, the law offices of Walters & Galloway, PLLC and Freda J. Wentz,
Administratrix, their personal representatives, heirs, successors and assigns, fiom
any and all actions, liabilities, claims and demands, including specifically but not
limited to liability arising in connection with any mistake of fact or law, or negligent
or careless act or omission, in connection with the administration and distribution of
2
I
assets shown in the statement, without a formal court accounting and adjudication;
6. Agree to refund to the Administratrix such part or all of the distributive
share which has been or is being distributed to us which may at any time be
determined to have been an erroneous distribution to us regardless of the cause of
such error, even if attributable to negligence;
7. Agree any period of limitation of actions for the collection for any erroneous
distribution to any of us shall commence only at such time as the Administratrix has
obtained actual knowledge of such erroneous distribution and that in no event shall
the obligation to collect any erroneous distribution start earlier than the actual
discovery thereof by the Administratrix.
8. With respect to any distributions of income or principal, which they have
received, or will receive upon execution of this agreement, agree to indemnify and hold
harmless the Administratrix, her personal representatives, heirs, successors and
assigns, from any liability, loss or expense (including but not limited to costs and
counsel fees), arising from any cause whatsoever, which may be incurred by the
Administratrix as a result of the administration of this estate or distribution in
accordance with this Agreement including, but not limited to, any liability for any
federal estate tax, Pennsylvania inheritance tax or any other death taxes and federal
and state income taxes, together with any interest and costs incidental thereto,
relating in any way to the Estate and also including, but not limited to, any assets
received or payments or distributions made by reason of any negligence or mistake of
fact or law;
9. Understand this Agreement may be signed in counterpart originals, all of
which together shall be deemed to constitute one original; and
10. Agree this Agreement shall be governed by the laws of the Commonwealth
of Pennsylvania.
3
IN WITNESS WHEREOF, we agree to be bound hereby and have signed this
agreement this 0 day of 2015.
��- �� ter•
Witness FREDA J. W(kNTZ, Adu22nistratrix
Witness WILLIAM MARTINEZ
Witness JENNIFER MARTINEZ
Witness COURTNEY MARTINEZ, now known as,
COURTNEY GILLESPIE
IN WITNESS WHEREOF, we agree to be bound hereby and have signed this
agreement this-H day of t I,,9ic 015.
Witness FREDA J. WENTZ, Administratrix
Witnes ( WILLIAMMl
TINEZ
Witness JENNIFER MARTINEZ
Witness COURTNEY MARTINEZ, now known as,
COURTNEY GILLESPIE
4
IN WITNESS WHEREOF, we agree to be bound hereby and have signed this
agreement this day of . 2015.
Witness FREDA J. WENTZ, Administratrix
Witness WILLIAM MARTINEZ
Witness jq4m R T Z
ftUA
Witness COURTNEYMAJONW, now knlwn as,
COURTNEY GILL PIE
4
COMMONWEALTH OF PENNSYLVANIA :
: ss.
COUNTY OF CUMBERLAND.
On this, the ' day ofdUcuw 1
'WP-10 , , c,
personally appeared Freda J. Wentz, Adminisirat2015before mea Notary Publ*
rix, known to me, or satisfactorily
proven, to be the person whose name is subscribed to the within instrument and
acknowledged that she executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Susan L Houdr,Notary Public
Mechanicsburg Boro,Cumberland County
My Commission Expires Dec.3,2016
MEMBER'l`ENNVMNTX XSSOCIA17ON OF NOTARIES
STATE OF
ss.
COUNTY OF
On this, the day of 2015, before me, a Notary Public,
personally appeared William Martinez, known to me, or satisfactorily proven, to be
the person whose name is subscribed to the within instrument and acknowledged
that he executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
5
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
On this, the I day of , 2015, before me, a Notary Public,
personally appeared Freda J. Wentz, Administratrix, known to me, or satisfactorily
proven, to be the person whose name is subscribed to the within instrument and
acknowledged that she executed.same.for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
STATE OF PLO At f�
�i ss.
COUNTY OF `
On this, the )7 qk day of t-dUlUlA,. , 2015, before me, a Notary Public,
personally appeared William Martinez, known to me, or satisfactorily proven, to be
the person whose name is subscribed to the within instrument and acknowledged
that he executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public State of Florida
•
S Yvette Colona Notary Public
MY Commission EE 641137
of R Expires-12116/2016
5
STATE OF
ss.
COUNTY OF'j)'b�
On this, the ;�� day of �r"�°� , 2015, before me, a Notary Public,
personally appeared Jennifer Martinez, known to me, or satisfactorily proven, to be
the person whose name is subscribed to the within instrument and acknowledged
that she executed same for the purposes therein contained.
IN,•W�ITNESS WHEREOF, I hereunto set my hand and official seal.
+� �
°cam
STATc '
OF
rF,;.,Y Notary Public
PUB iC
°
i4Y COMMISSION EXPIRES DECEMBER 9,2017
STATE OF ^ --e.
ss.
COUNTY OF S I-.e. --�
On this, the +� = day of .cli.] , 2015, before me, a Notary Public,
personally appeared Courtney Martinez, now known as, Courtney Gillespie, known
to me, or satisfactorily proven, to be the person whose name is subscribed to the
within instrument and acknowledged that she executed same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
ARR 1 LA) a,
cc, ca\ N gar Public
MY COMMISSION LVO ES
FEBRUARY 15,2016 t
LQ� Gc
.ANN.
6
EXHIBIT A
SUMMARY OF ACCOUNT
Assets:
PNC Bank—Account#XXXXXX3364 $ 50,362.79
Personal Property—Gross Sales
Bill Rowe, Auctioneer $ 788.50
Personal Property Appraised Value $ 95.00
Pennsylvania Inheritance Tax-- Refund $ 241.05
Erie Insurance—
Refund Renter's Insurance $ 5.00
West Shore Hearing Center—
Refund returned hearing aids $ 2,500.00
$ 53,992.34
Liabilities:
St. Stephen Lutheran Church
Charitable donation—Check written prior to death but did $ 5,000.00
not clear account until after death
Register of Wills—Probate Fee $ 208.50
Richard Cassel --Trash removal from apartment $ 250.00
Angels on Call - Visiting Nurses $ 533.13
Church of God Home—Rent $ 8,502.46
Gingrich Memorials—Fee to inscribe headstone $ 175.00
Sullivan Funeral Home—
Difference between prepaid funeral services and actual invoice $ 335.00
Register of Wills, Agent—Pennsylvania Inheritance Tax $ 5,070.71
Personal Property—Expenses and Commissions
Bill Rowe, Auctioneer $ 197.13
Attorney's Fees--
David R. Galloway $ 2,550.00
Patriot News—
Advertise Letters Administration C.T.A. $ 109.52
Cumberland Law Journal—
Advertise Letters Administration C.T.A. $ 75.00
Postage—Shipping
Codicils to beneficiaries $ 166.24
Administratrix's Fees—Freda J. Wentz(Reserved) $ 2,685.00
Federal Express:
Distribution to beneficiaries(Reserved) $ 60.00
Attorney's Fees--
David R. Galloway—Additional Fees & Costs(Reserved) $ 182.00
Specific Bequests:
Gloria F. Engle
Photographs of(5) generations of women,maternal side
7
Photographs of(5) generations of men, paternal side $ 10.00
Allen&Lois Yohn
Framed Hummingbird-counted cross-stitch $ 1.00
Audry Yohn
Framed embroidered peacock $ 1.00
Jack& Sara Jane Kelley
Framed photographs of gyrfalcons, snowy owls,
and black and yellow warblers $ 10.00
Heather Fidler n/k/a Heather Manz
Photograph of the race horse"Lexington" $ 12.50
Colleen Defraites
Scherenschnitte-German scissors art $ 1.00
Gordon& Anne Schlegel
Framed photograph of a bald eagle $ 5.00
Kaye Schlegel
Carved cedar wooden fruit bowl $ 1.00
Keith Utsick
Framed picture of the black-capped chickadee,
perched on a feeder $ 2.50
Kevin Utsick
Appalachian mountain dulcimer with black case $ 50.00
Alice Yohn
2 scalloped-edged doilies $ 1.00
Jennifer Martinez, per Item 6 of said Will:
Cash (Reserved) $ 2,000.00
Courtney Martinez, n/k/a Courtney Gillespie, per Item 6 of said Will:
Cash (Reserved) $ 2,000.00
St. Stephen Lutheran Church, per Item 9 of said Will(Reserved): $ 591.37
Total Liabilities $ 30,786.06
SUMMARY
ASSETS:
Total Assets $ 53,992.34
LIABILITIES:
Total Liabilities $ 30,786.06
Net Proceeds for Distribution: $ 23,206.28
8
r.
DISTRIBUTION OF NET PROCEEDS
TO: WILLIAM MARTINEZ, per Item 7 of said Will:
Cash $ 7,735.42
TO: JENNIFER MARTINEZ, per Item 7 of said Will: $ 7,735.43
TO: COURTNEY MARTINEZ,
n/k/a COURTNEY GILLESPIE, per Item 7 of said Will: $ 7,735.43
TOTAL DISTRIBUTION: $23.,206.28
9